People v. Bashaw

Case Date: 04/29/1999
Court: 2nd District Appellate
Docket No: 2-97-1039

People v. Bashaw, No. 2-97-1039

2nd District, April 29, 1999



THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

CLARENCE THOMAS BASHAW,

Defendant-Appellant.

Appeal from the Circuit Court of Winnebago County.

No. 95--CF--2472

Honorable Rosemary Collins, Judge, Presiding.

JUSTICE COLWELL delivered the opinion of the court:

Following a jury trial in April 1997, defendant, Clarence Thomas Bashaw, was found guilty of first degree murder (720 ILCS 5/9--1(a)(2) (West 1996)). The offense was alleged to have occurred on or about October 11, 1995. Defendant's posttrial motions were denied. Following a hearing in September 1997, the circuit court sentenced the 21-year-old defendant to 60 years' imprisonment, the maximum nonextended term (see 730 ILCS 5/5--5--3.2(b)(4), 5--8--2(1) (West 1996) (providing for extended term of up to 100 years)). The court considered the young age of the victim as an aggravating factor but chose not to impose an extended term. The trial court stated that defendant's sentence was subject to the truth-in-sentencing law (730 ILCS 5/3--6--3(a)(2)(i) (West 1996) (Pub. Act 89--404, eff. August 20, 1995)) and that he would therefore not be eligible for day-for-day good-conduct credit. Defendant's motion to reconsider the sentence was denied on October 21, 1997, and this timely appeal followed.

On appeal, defendant argues that he is entitled to day-for-day good-conduct credit. He relies on People v. Reedy, 295 Ill. App. 3d 34 (1998), aff'd, No. 85191 (Ill. March 29, 1999) (modifying opinion of January 22, 1999, upon denial of rehearing). In Reedy, the truth-in-sentencing law was declared unconstitutional because it violated the single subject rule of the Illinois Constitution (Ill. Const. 1970, art. IV,